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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33009
Experience:  Over 20 years experience
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Unbeknown to me, my married tenants have split up at some

Resolved Question:

Unbeknown to me, my married tenants have split up at some point and she has just remarried someone else and they are both now living in my property. I have a joint tenancy in the names of Mr and Mrs XXXXXXX and have done for 3 years. It has been renewed every 12 months and supposedly Mr and Mrs XXXXXXX have been signing it. It was only renewed in April 2015 and I made a point of asking her if there were any changes. I had been made aware via facebook and the council phoning me to ask who was living in my property as Housing Benefit was being paid, that she was not living with her husband, but a new partner I have just found out via Facebook that she has married her partner and that Mr and Mrs XXXXXX are now living in my property and not Mr and Mrs XXXXXXX. She hasn't told me of any changes in occupiers, is the tenancy agreement now invalid? and how do I go about changing it? .... Would I want to? A letting agent vetted Mr and Mrs XXXXXXX and there are guarantors in place .... I don't want to add Mr XXXXXX to the tenancy without credit checks etc... Did the tenancy end when Mr XXXXXXX moved out?

Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas Judge replied 2 years ago.
Has Mr Priddey surrendered the tenancy?
Customer: replied 2 years ago.

Sorry Thomas for the delay in getting back to you, I have been having problems with the website

No Mr Priddey (now her ex husband) has not surrendered the tenancy

He has supposedly, been initialling and signing the new tenancy agreement each year and his signature witnessed, but not by me. I have never met him as all checks etc were done through a letting agent

Expert:  Thomas Judge replied 2 years ago.
The tenancy is in their joint names (the Priddeys) and as a result both are technically liable with the protection of the guarantors in place. So from that perspective you are protected. Equally either of them could surrender the tenancy at any time - neither has done so. You have not given any rights to this new person within the property and they would arguably not have any tenancy rights to stay should you need to make an application to the court to seek possession. Happy to discuss further. Please remember to rate positively
Customer: replied 2 years ago.

What if Mr Priddey (now ex husband) has not been signing the agreements and it has been signed in his name without his knowledge?

I don't mean to be untrusting, but she fraudulently claimed Housing Benefit .... I'm guessing when 'ex' left. This came to my attention when the council phoned asking who lives in the property as they had Mr Sutton (now new husband) living there whilst she was claiming as a single mother

Expert:  Thomas Judge replied 2 years ago.
Ok - I can see your desire to second guess - but you have no evidence that Mr Priddey did not sign - also Mr Priddey remains liable and as such should surrender the tenancy (which he can do) if he did not want the tenancy to continue. Please remember to rate positively
Customer: replied 2 years ago.

So the fact that the tenancy agreement is in the names of Mr and Mrs Priddey and there is now a Mr and Mrs Sutton residing, does not make the tenancy agreement invalid?

Expert:  Thomas Judge replied 2 years ago.
It does not make it invalid but it will make them potentially in breach of the tenancy (subject to the terms of the tenancy agreement) if you are seeking grounds to remove. However you indicated previously that you were not seeking to remove. Happy to discuss.Please remember to rate positively. Thanks
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